Tenant's Pet Rights

Pet-owning tenants have many rights and responsibilities.

When a person rents a home, whether it is an apartment, townhouse or single-family detached house, living occupants might not all be human. According to the Humane Society, 39 percent of U.S. households own at least one dog, and 33 percent own at least one cat. Regulations regarding the rights and responsibilities of landlords and tenants vary from state to state.

Time Frame

Many landlords and property managers have explicit policies about pet ownership, whether in terms of allowing them at all or specifying weight, type or prohibited areas. In the event that any of those rules are broken and the landlord initiates an eviction process for pet policy violations, pet owners do have rights. California’s Department of Consumer Affairs notes that if a landlord gives a tenant a three-day eviction notice for correctable pet policy violation, the notice must give the tenant the option of correcting the condition. For example, if a landlord does not allow pets, but the tenant has one, the tenant must be given the option of moving the pet out of the home.

Considerations

The agreements reached by landlords and pet-owning tenants impact neighboring tenants. If a pet becomes a nuisance to other tenants by damaging property, causing odors or making loud noises on a consistent basis, that impacts the neighbor’s ability to enjoy her home. Such a situation could result in a warning or possible eviction proceeding for the pet-owning tenant.

Condominium Rentals

If a pet-owning tenant is renting from a condominium owner, the tenant and pet may be asked to appear before the building’s board for approval. Individual board rules specify the rights and responsibilities of owners and renters in such situations.

Security Deposits

A security deposit is a predetermined amount of money that the landlord requires upon the signing of an apartment lease. The deposit is in whole or in part returned to the tenant upon termination of the lease, depending on the specified conditions being met. Landlords accepting pets can require that a pet deposit be made. The Housing Rights Committee of San Francisco informs tenants that all security deposits, including pet deposits, are refundable; according to the San Francisco Administrative Code, landlords are required to pay tenants interest on deposits if they are held for more than a year. Tenants can expect only a portion of their pet security deposit back if their pets have caused damage to a rental unit beyond general wear and tear.

Expert Insight

The San Francisco Society for the Prevention of Cruelty to Animals, or SF/SPCA, offers tenants and landlords a document called a Pet Agreement. The Pet Agreement, which is signed by both the tenant and landlord, includes a number of details, such as the pet’s type, name and age, the veterinarian’s contact information and the amount of the pet deposit. The Pet Agreement also sets clear and specific guidelines for the tenant and landlord to refer to during the course of the lease.

About the Author

Dee Striker has been writing professionally since 2007. Her work has appeared in "The New York Amsterdam News" and several online publications such as Clutch and Get 'Em Girls. Her portfolio includes articles on real estate, love/relationships and politics. She has a Bachelor of Arts degree in English and a Master of Arts degree in urban planning from the University of Michigan.